DIMAPUR, AUGUST 5 (MExN): The Dimapur Bar Association (DBA) has taken strong exception to the objection raised by the Against Corruption and Unabated Taxation (ACAUT) Nagaland on the issue of granting bails/anticipatory bails to the fuel adulteration kingpins and termed the statement as “irresponsible, reckless and counterproductive.”
A rejoinder issued by DBA president Imti Imsong and general secretary A Hukavi Zhimomi on Friday enlightened that the matter of bail/anticipatory bail are provided in the Chapter XXXIII of the Code of Criminal Procedure under Sections 436, 437, 438 and 439. Also, several guidelines are laid down by the Supreme Court of India in catena of decided cases on such matters in the light of Articles 19, 21 and 22 of the Indian Constitution.
Further, the Constitution of India provides for appellate judiciary system wherein any of the party being aggrieved by the decision of the inferior court can always appeal in the superior Courts.
As such, the matters of bail/anticipatory bail are granted or denied by applying judicious mind and taking into consideration of the provisions of the Code of Criminal Procedure vis-à-vis the Constitution of India, the DBA stated.
It therefore said the objection raised by the ACAUT on the issue of granting bails/anticipatory bails to the fuel adulteration kingpins by merely blaming the system of Judiciary and its functioning without resorting to prescribed parameters of the provisions of law shall “amount to interference in the judicial process.”
The DBA also stated, “If the ACAUT presume or senses that with the kingpin already out on anticipatory bail, the incident has only reinforced the public opinion that the criminal-justice system in the state is in need of a serious overhaul then proposition can be made that the concerned individual or group can press the parliament for amendment of the Code of Criminal Procedure and the Constitution of India.”
The criminal justice system is applicable to all the citizens of India, irrespective of status as such, the same yardstick applies to all and not exceptional or selective, the DBA statement summed up.
